A California man is going to court to try to keep Microsoft from ending its support of Windows 10 in two months, which could force hundreds of millions of users to upgrade their equipment or simply have their computers become e-waste.
The case will be up to a judge in San Diego County Superior Court. It could determine whether users worldwide — including an untold number here in Arizona — end up with a computer that is potentially obsolete or, at the very least, no longer gets the upgrades and support they need to keep it safe from security flaws.
Microsoft decided it will no longer provide support and updates for computers running Windows 10 on Oct. 14.
Strictly speaking, the computers will continue to run. But the company will no longer offer updates and security patches after that date.
Put another way, anyone using Windows 10 beyond Oct. 14 runs the risk of having the operating system crash due to lack of updates. And there are a lot of those computers out there.
ZDNET, a website that offers advice on computers, estimates that Windows 11, which became available four years ago, is now being run on about 55% of computers running Microsoft. But that still leaves 45% running Windows 10.
And while Microsoft is offering Windows 11 for free, many computers lack the hardware to run the upgrade.
All this has gotten the attention of Lawrence Klein, who filed the lawsuit. Klein, through his attorneys, claims it’s all part of a plan by Microsoft to increase sales.
He points out that Windows 11 includes the company’s generative AI software. At the same time, Klein says, Microsoft also has developed Copilot+ PCs, a new category of AI-powered Windows PCs.
“By forcing users to upgrade to Windows 11 and especially purchase new AI-powered Windows devices, Microsoft ensures a built-in market for its new software, thereby gaining an edge over competitors,’’ the lawsuit says.
There was no immediate response from Microsoft to an inquiry about the litigation.
Klein acknowledges that Microsoft discontinued support for prior versions of Windows. For example, support for Windows XP ended seven years after Windows Vista was launched.
Windows Vista was supported for eight years after Microsoft unveiled Windows 7. And there were eight-year gaps between the launch of subsequent versions of Windows 8 and 10 — there was no Windows 9 — before support stopped.
But this time is different, the lawsuit says.
“Unlike previous phase-outs, Windows 10 is being discontinued just four years after Windows 11 launched, even though over 50% of Windows users still rely on Windows 10,” it states.
“In addition, previous OS upgrades did not require users to upgrade their hardware. For example, most devices that ran Windows 7 and 8 could simply upgrade to Windows 10.’’
By contrast, the lawsuit says there is evidence that around 240 million Windows 10 devices may be incompatible with Windows 11.
Klein’s lawyers cite a report by techradar, a website that tracks technology issues, that those computers could become e-waste. “If these were all folded laptops, stacked one on top of another, they would make a pile 600 kilometers (372 miles) taller than the moon,” that report says. For reference, the moon is about 239,000 miles from Earth.
There is another option for those who can’t — or won’t — make the jump to Windows 11. But it comes with a price tag.
Microsoft is offering extended security updates beyond Oct. 14 for $30 for individuals and $61 per device for businesses in the first year, a figure the lawsuit says will increase to $244 by the third year.
There’s a cost-free option, at least for another year. But that involves syncing computer settings to the cloud via a Microsoft account.
And this will provide security updates only, with no support, feature updates or bug fixes.
The lawsuit seeks a court order requiring Microsoft to continue providing support for Windows 10 without additional fees “until the number of devices running the operating system falls below a reasonable threshold,’’ a figure the lawyers define as 10% of total Windows users.
Alternately, the attorneys want Microsoft to relax the hardware requirements for Windows 11 to allow existing Windows 10 users to upgrade.
They also ask the judge to require Microsoft to provide those essential security updates for Windows 10 users without additional charge or conditions.
And to prevent future problems, the lawsuit wants an order requiring Microsoft in its advertisements “to disclose clearly and prominently the approximate end-of-support for the Windows operating system with the device at the time of purchase.’’ Alternately, it wants the company to disclose that support is “only guaranteed for a certain delineated period of time without additional cost’’ and also disclose “the potential consequences of the end of support for device security and functionality.’’
This one lawsuit may not be the end of the litigation.
CounselOne, the law firm representing Klein, has a page on its website asking people who believe they are affected by Microsoft’s decision to discontinue Windows 10 support to contact the company.
“Does Microsoft’s end-of-support brick your PC?’’ the law firm asks. “If so, you may be entitled to compensation. We are investigating class action claims aimed at ensuring consumer protections and fair technology policies.”
